Summary
The article presents a decade-long statistical analysis of industrial design filings and grants in India, referencing data from 2003 to 2014. It highlights the legislative framework provided by the Designs Act 2000, administered by the Patent Office in Kolkata, which modernised the registration and protection of industrial designs in the country. The data shows a general upward trend in design applications, with occasional dips in 2009-2010 and 2012-2013, and a peak in filings during 2013-2014. The post also explains the Act’s scope in protecting new shapes, patterns, and ornamentation to enhance product appeal. Overall, it objectively reviews the evolution of industrial design protection within the Indian intellectual property landscape.
Overview
The Designs Act 2000 governs the registration and protection of industrial designs in India and is administered by the Design wing of the Patent office Kolkata, under the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications. The Designs Act 2000 came into effect repealing the earlier Act of 1911, and is read alongside the Design Rules 2001. The Act, read with the corresponding Design Rules 2001, provides for the registration and protection of industrial designs, extending copyright duration for existing registered designs. It recognises the creation of features of new shape, configuration, surface pattern, ornamentation, and composition of lines and colours applied to articles to enhance their visual appeal.
Trends in Design Filings
Applications filed for registration of designs in 2006-07 numbered 5,521, reflecting an increase of approximately 11 per cent over the 4,949 applications filed in 2005-06. The highest single-year increase in design applications was recorded in 2007-08, with an increase of approximately 16 per cent over the previous year. This marked a sustained upward trend in annual filings.
The first decline in the decade occurred in 2009-10, when applications fell from 6,557 in 2008-09 to 6,092, a marginal decrease of approximately 7 per cent. The second decline occurred in 2012-13, where total filings fell by 36 applications from the previous year. The highest total number of filings recorded across the decade was in 2013-14, with 8,533 applications.
Industrial Design Applications Filed and Registered in India: 2003-04 to 2013-14
| Year | Filed | Registered | Change Since Previous Year |
| 2003-2004 | 3357 | 2547 | 233 |
| 2004-2005 | 4107 | 3728 | 750 |
| 2005-2006 | 4949 | 4175 | 842 |
| 2006-2007 | 5521 | 4250 | 572 |
| 2007-2008 | 6402 | 4928 | 881 |
| 2008-2009 | 6557 | 4772 | 155 |
| 2009-2010 | 6092 | 6025 | -465 |
| 2010-2011 | 7589 | 9206 | 1497 |
| 2011-2012 | 8373 | 6590 | 784 |
| 2012-2013 | 8337 | 7252 | -36 |
| 2013-2014 | 8533 | 7178 | 204 |
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.